What Is the RCLA (Texas Residential Construction Liability Act)?

The RCLA is a Texas law that requires homeowners to give their builder written notice of construction defects and 60 days to inspect and respond before filing a lawsuit.

The Short Answer

The Texas Residential Construction Liability Act (RCLA) is one of the most significant state laws affecting homeowner-builder disputes. It creates a mandatory pre-litigation process that must be followed before a homeowner can sue a builder for construction defects.

How the RCLA Process Works

You must send the builder written notice describing the construction defects at least 60 days before filing suit. The builder has 35 days to inspect the property after receiving notice. The builder then has 45 days from inspection to make a written offer to repair, settle, or deny the claim.

If the builder makes a reasonable offer to repair and you reject it, a court may limit your damages. If you accept the repair and it is inadequate, you can still pursue legal action.

Why It Matters

If you fail to follow the RCLA procedures, your lawsuit may be dismissed or your damages limited — even if you have a valid construction defect claim.

The RCLA also limits the types and amounts of damages available in construction defect cases, which can significantly affect the value of your claim.

Builders frequently use the RCLA process strategically to delay proceedings and attempt repairs that may not fully resolve the issue.

Important Notes

The RCLA applies to residential construction in Texas — both new construction and remodeling.

It interacts with other Texas laws including the DTPA (Deceptive Trade Practices Act).

If you are in Texas and have a construction defect issue, consult an attorney experienced with RCLA claims before taking any action.

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